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Divorce/Separation

  • Do you or your spouse wish to terminate your martial obligations permanently?
  • Is separation an option for you and do you want to do this formally?
  • Is your marriage capable of reconciliation and if so, is mediation an option for you?

Any decision made with regards to your relationship is always difficult and is never made lightly or without careful consideration. Whatever you decide, the family team at SC Law are here to help you and provide a personalised service to meet your needs.

Divorce and Judicial separation petitions are an entirely separate procedure from issues concerning children and the family finances.

Divorce

Divorce is the legal process which brings an end to a marriage. You will receive a final decree which will terminate your marriage and end your martial obligations permanently.

Judicial separation

Judicial separation is the formal way in which you can separate from your spouse. You may wish to choose this process for religious, moral or ethical grounds. The process is similar to a divorce. However, you will remain legally married to your spouse but your marital obligations will come to an end and you no longer have to live with each other.

Whether you intend to divorce or formally separate you can still sort out your family finances. The specialist family law team at SC Law will help you achieve this.

The procedure for a divorce and judicial separation is the same, except you cannot apply for a divorce until you have been married for at least a year. The legal process requires one spouse to petition against the other spouse for a divorce or judicial separation.

The person who petitions for a divorce has to prove a reason for the breakdown. This is based on one of the following:

  • Adultery
  • Behaviour
  • Desertion
  • 2 years separation (this will require your spouse's consent)
  • 5 years separation (spouse's consent not required)

If the Judge considers that one of the above facts has been proved, then the Judge will grant a decree absolute or a decree of judicial separation.

The entire process is usually carried out on paper and you will not be required to attend court unless your spouse defends the petition or you are directed by the court to do so. The procedure can take as little as 4 to 6 months, but sometimes it can take longer depending on the circumstances of your case.

Contact Vina Lad, the head of SC Law's family department for more information or an initial consultation.

 

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  • We offer competitive and fixed fee structures
  • Our solicitors offer emotional and practical advice and support throughout
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  • Proven excellent negotiators who have secured substantial awards